By Stefanie Donahue
In a memo addressed to Blaine city manager Dave Wilbrecht on October 24, city attorney Jon Sitkin and colleague Nolan Davidson wrote that the possible election of Blaine City Council write-in candidate Rachel Hrutfiord could pose a “potential conflict of interest” because she is married to Steve Hrutfiord, an 18-year employee of the city’s public works department and a member of the Blaine Planning Commission.
Hrutfiord is running against Charles Hawkins and Justin Ledesma for position four on council, which serves Ward 2. In September, she applied for the council seat left vacant by Dennis Olason’s resignation in August; council appointed Meg Olson instead.
Sitkin wrote “a potential conflict of interest arises because the employee/husband is a member of the city’s bargaining unit and his salary is due to him pursuant to the terms of the city’s collective bargaining agreement.” When Hrutfiord applied for the vacant position, she had been told by city staff that recusal, or abstention, would be a viable option to avoid the conflict, according to the memo.
However, following additional research, Sitkin wrote, “I would now advise you that the candidate’s recusal when the council is considering the collective bargaining agreement is not likely a sufficient cure for the potential conflict of interest.”
Sitkin said to avoid the conflict, under the direction of the assistant attorney general, Hrutfiord could execute a separate property agreement with her husband to dissolve interest in the salary or benefits he earns through the collective bargaining agreement.
The city could also approve a new collective bargaining agreement prior to Hrutfiord taking office and if it stays in effect during her entire term and no disputes arise, it’s possible no conflict of interest would arise, according to the memo.
If Hrutfiord is elected prior to the approval of a new collective bargaining agreement, the city could commence a declaratory judgment action to seek opinion from the court.
Citing the code of ethics for municipal officers, Sitkin stated that Hrutfiord would be subject to a $500 fine and forced to forfeit her position if a violation occurred.
Leading up to the memo’s release, Hrutfiord said that city staff informed her that her relationship with Steve did not disqualify her from a position in the city council. On October 30, she had yet to hear from the city about the potential conflict of interest described in the memo, she said.
“It is unfortunate to me that had I been appointed to the previous vacant council seat, this would have been manageable, but now that I am running, the legal opinion of the city attorney has changed,” she said in an email. “My hope is that if I prevail on November 7, the city of Blaine will work toward a positive outcome for the voters.”
Hrutfiord said she’s in the process of consulting with an attorney and will continue
to campaign.
“If in the event there are areas in which I cannot participate, I am happy to recuse myself where necessary. Steve’s negotiated union wages are not of any concern to me,”
Hrutfiord said.
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